Reso 6116 07-U-O 1
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 6116
OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO
APPROVING A USE PERMIT TO ALLOW THE CONSTRUCTION OF THREE PCS PANEL
ANTENNAE ON A 54 FOOT TALL SLIM-LINE MONOPOLE AND FOUR ANCILLARY ��
EQUIPMENT CABINETS AT 10602 NORTH PORTAL AVENUE
SECTION I: FINDINGS
WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use
Permit, as described in Section II of this Resolution; and
WHEREAS, the necessary public notices have been given in accordance with the Procedural
Ordinance of the City of Cupertino, and the Planning Commission has held one or more public
hearings on this matter; and
WHEREAS, the applicant has met the burden of proof required to support said application; and has
satisfied the following requirements:
1) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general
welfare, or convenience;
2) The proposed use will be located and conducted in a manner in accord with the Cupertino
Comprehensive General Plan and the purpose of this title.
NOW, THEREFORE, BE IT RESOLVED:
That after careful consideration of maps, facts, exhibits, testimony and other evidence submitted in this
matter, the application for Use Permit is hereby recommended for approval, subject to the conditions
which are enumerated in this Resolution beginning on Page 2 thereof; and
That the subconclusions upon which the findings and conditions specified in this resolution are based
and contained in the public hearing record concerning Application No. 07-U-01 as set forth in the
Minutes of the Planning Commission Meetings of September 10�" and November 13, 2001 and are
incorporated by reference as though fully set forth herein.
Resolution No. 6116 07-U-O 1 November 13, 2001
Page-2-
SECTION II: PROJECT DESCRIPTION
Application No.: 07-U-01
Applicant: Tom Swarner of PEN Co. for MetroPCS
Property Owner: California Water Service Company
Location: 10602 North Portal Avenue
. i
SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT.
1. APPROVED EXHIBITS
Approval is based on Exhibits titled: "CWS-NORTH PORTAL, #SFA-007-133B, 10602 N. PORTAL
AVE., CUPERTINO, CA 95014", consisting of 5 sheets labeled T-1, C-1, A-1.0, A-1.1, A-2.0 dated
8/24/O1 & 7/29/O1, except as may be amended by the conditions contained in this resolution.
2. CO-LOCATION OF ANTENNAE
The applicant shall make its mast available to other wireless communications carriers for antenna co-
location subject to City approval. The co-location agreement shall be at market rates with reasonable
compensation to the mast owner.
3. ABANDONMENT
If after installation, the aerial is not used for its permitted purpose for a continuous period of 18
months, said antennae and associated facilities shall be removed. The applicant shall bear the entire
cost of demolition and removal.
4. EXPIRATION DATE
This use permit shall expire five (5) years after the effective date of the permit. The applicant may
apply for a renewal of the use permit at which time the Planning Commission may review the state of
wireless communication technologies to determine if the aerial facility can be reduced in height or size.
5. MONOPOLE COLOR
The monopole and radome shall be painted a flat vegetative green color to blend with the surrounding
tree foliage. The color shall be approved by the Director of Community Development.
6. LANDSCAPE SCREENING
The applicant shall plant two 24" box coast redwood trees and extend irrigation to a site south of the
monopole location. The purpose of the landscaping is to provide additional future screening of the
aerial from southerly and northerly views. The locations shall be approved by the Director of
Community Development.
Resolution No. 6116 07-U-01 November 13, 2001
Page-3-
7. DESIGN REVIEW REQUIREMENT FOR LOCATION OF MONOPOLE
The slim-line monopole shall be sited between tree nos. 7& 8 as shown on the site survey labeled
sheet "C-1" of the approved plan set. The final location shall be approved by the Design Review
Committee which will take into account: 1) the monopole's visibility from Highway 280 and Drake
Drive, and 2) the impact on the surrounding trees. The applicant shall commission the preparation of
an arborist report that assesses and mitigates, if necessary, the potential damage to the tree roots caused
by the monopole foundation and construction, and the need for tree branch trimming and future tree
trimming to maintain radio signal clearance. �,
PASSED AND ADOPTED this 13th day of November 2001, at a Regulax Meeting of the Planning
Commission of the City of Cupertino, State of California, by the following roll call vote:
AYES: COMMISSIONERS: Auerbach, Chen, Corr, Patnoe and Chair Kwok
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ATTE�T: � i P VED:
��� � � ,
� � � `� { ' ' ��
� i vP.z• � - i,�-�%���
�� Steve Piasecki Patrick Kwok, Chair
Director of Community Development Cupertino Planning Commission
g:/planning/pdreport/res/res07u01